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News Image 9217 - Rambukwella escapes mammoth bid to oust him
Tuesday, 7 November 2006 - 4:03 AM SL Time - Some news pictures are worth a million words
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The Supreme Court yesterday declared null and void the expulsion of Minister Keheliya Rambukwella from the UNP. The Court set aside the expulsion and said that Rambukwella continues to remain a Member of Parliament.
Rambukwella challenged his expulsion from the UNP, in January this year, consequent to his accepting a portfolio in the Cabinet of President Mahinda Rajapakse. The Judgement said that the denial to the petitioner of the right to be represented by a lawyer at the party`s inquiry was unreasonable. The Working Committee of the UNP had no jurisdiction to expel. This power is vested in the National Executive Committee. The Judgement also said that the committee`s ruling that the petitioner had breached the articles of the UNP constitution was vague. The alleged charges do not apply to him, the Court ruled.
The judgement explained that the petitioner raised three grounds to establish the invalidity of the expulsion; that in terms of Article 6.3(a) of the constitution of the UNP, the body empowered to take disciplinary action is the National Executive Committee and not the party working committee which has taken the impugned decision: that the panel of Inquiry acted in breach of the principles of national justice, in denying legal representation to the petitioner, which was necessary for the petitioner to establish the absence of jurisdiction: and that the provisions of the UNP constitution cited as having been breached by the petitioner and set out in the charges, do not in any event apply to him. Further, the Court ruled, that the finding that the petitioner has been found to be in breach of any one or more of the specified articles of the UNP is vague and reveals that the Working Committee has misdirected itself on the applicable provisions and denied the petitioner of an opportunity of seeking review from the Court as to the validity of a specific breach.
The judgement in conclusion, explained that: the petitioner has specifically raised the question of jurisdiction of the disciplinary panel and sought legal representation. This request is in any event reasonable considering that the petitioner was objecting to the jurisdiction of the panel. The request for legal representation has been refused by the third respondent the Secretary of the UNP. The fourth, fifth and the sixth respondents, being members of the inquiry panel sought to justify the decision on the basis of the guidelines for the conduct of the disciplinary inquiries issued by an earlier General Secretary, Sirisena Cooray.
`In paragraph 11 of this guideline it is stated `the member is not entitled to be represented by lawyers`. These guidelines appear to have been issued well before the several decisions by this Court, which require the compliance with the principles of natural justice. In terms of Section 41(2) of the right to representation by an attorney-at-law, can be denied only if there is express provision by the law to the contrary. The guidelines issued by the then General Secretary cannot be considered an express provision of law by any stretch of imagination`.
`In the circumstances, the petitioner is entitled to succeed on this ground as well.
`Since the petitioner has established the three grounds of challenge, to the the decision, it is unnecessary to examine further, the aspect of the reasonableness of the expulsion, in the light of the antecedent conduct of the petitioner.
`The application is allowed. The expulsion is declared null and void, the petitioner continues to be a Member of Parliament and the expulsion is set aside.`
D. S. Wijesinghe PC appeared with Wijedasa Rajapakse PC, Upali Senaratne PC, Kapila Liyanagamage and Kaushalya Molligoda, instructed by Dhammika Dharmadasa for Rambukwella.
K. N. Choksy PC appeared with Daya Pelpola for the UNP, Ranil Wickremesinghe the party leader and R. N. V. K. Weragoda the party secretary L. C. Senaviratne PC appeared with Ronald Perera, for the Committee of Inquiry. Ms Indika Demuni de Silva Deputy Solicitor General appeared for the Attorney General and the Secretary General of Parliament.
The Judgement was by the Chief Justice Sarath N. Silva with Justice C. N. Jayasinghe and Justice N. E. Dissanayake, agreeing.
The Senior Counsel for the petitioner told the court that his client does not request for costs. Hence the court waived the costs, granted in favour of Rambukwella.
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PolBanda
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 6 Nov 2006 22:35:20 GMT Report for Abuse
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JAYA WEWA!
You are doing a good job (whatever political background it has). Please continue your good work, and get my country free from terrorists. We need to visit Jaffna soon and tosmile with Tamil brothers and sisters.
(Also take all possible security measures too, we need leaders like you) |
Revy
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 6 Nov 2006 22:43:42 GMT Report for Abuse
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Yay what would we do without our favorite idiot as spokesmonkey.
Rumbutard: 'Please just give me a minuet, I'm almost done taking a pi$$ here' |
nada
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6 Nov 2006 23:51:01 GMT Report for Abuse
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Courtesy Sunday Times 05.11.06
The self confession came first from Minister Rohitha Bogollagama when he declared 'Sir, hari vedak ney vuney' (or something equivalent to saying something terrible happened). His colleague Nimal Siripala de Silva took on from there to relate the tale to President Mahinda Rajapaksa.
The Government's peace negotiators had been in a room at the International Conference Centre in Geneva, where the peace talks were held last weekend, speaking with Norwegian facilitators - Jon Hanssen Bauer, the special envoy and Hans Brattskar, Ambassador to Sri Lanka. Suddenly the room door opened. In walked the leader of the Liberation Tigers of Tamil Eelam (LTTE) Political Wing, Suppiah Palani Thamilselvan.
The Norwegian duo who were seated rose promptly to speak to the guerrilla leader who was heading LTTE's peace team to Geneva. That appeared a courtesy. But instantaneously, almost on cue, Bogollagama and others around had also risen from their seats. It had occurred to them only after they had got up, that they were neither obliged nor expected to extend such courtesies to the guerrilla leader.
President Rajapaksa was not amused. And he did not hide his feelings. The Sri Lanka delegation members need not have extended that reverence to the LTTE Political Wing leader, he exhorted. 'It happened without our knowing. We don't know why we did it but we did it?. everything happened so soon,' declared de Silva. |
anizam
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 7 Nov 2006 01:21:07 GMT Report for Abuse
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The Judgement also said that the committee's ruling that the petitioner had breached the articles of the UNP constitution was VAGUE. The alleged charges do not apply to him
VAGUE! :) :) He crossed over to the other party but the charges are vague!! :) :)
This is what happens when you have the CJ in your pocket....:)
Edited By - anizam - 7 Nov 2006 01:22:05 GMT |
Piyal
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7 Nov 2006 01:40:20 GMT Report for Abuse
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I wonder what happens to the MPs who take the ministries under SLFP-UNP MOU....
IF.... They (Will be) able to take such posts, why not KR ???
Any way, he is doing something for the country when he is in the government than he is in the opposition !!!
In my opinion, MPs should be able to crossover to another party,or vote for the bills that are beneficial for the country regardless of the party decision, without losing the MP post. in that manner, they have the freedom to do the right thing.
The main drawback of Sri Lankan politics is, the MPs are jailed by the party constitutions. I think it's time to think about the country than the party.... |
BiCUBIC
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7 Nov 2006 03:16:52 GMT Report for Abuse
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So now Keheliya wants to join the UNP? Other than that it is totally IRRELEVANT if he is sacked or not. He left the party, end of story.
Sarath N. Silva, due to his partiality in recent times, is the political prostitute of Mahinda Rajapakse, his long-time buddy. He is playing politics at the expense of the nation's integrity.
Anyone remember this little something called 'Helping Hambanthota'? |
Revy
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7 Nov 2006 03:35:11 GMT Report for Abuse
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| LOL good one Sunil, yes they do look somewhat alike with those beards LOL. |
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7 Nov 2006 02:31:44 GMT